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IP Court Set Guideline of Determining Jurisdiction over Internet Trademark Infringement



The Internet has been getting popular to serve as a main platform for selling goods, including counterfeit trademarked products and such a transaction platform actually has diminished the divide between regional markets. Although consumers have traditionally been exposed to products only within their own physical store in the local markets, the Internet has bridged the gap between the local and multi-national markets.

 

A controversial issue has been raised in Taiwan on whether the local courts in Taiwan or a specific district court has jurisdiction over the trademark infringement cases where the actual operator of an online store selling such counterfeit goods is not really located in Taiwan.

 

The Intellectual Property Court set a guideline in a criminal trademark infringement case of determining the jurisdiction over an internet trademark infringement case in 2017.  The IP Court held that a district court in a certain city should have the jurisdiction over the trademark infringement cases when consumers who may have access to the online store are located in this city.


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